Use Class A1

[the eatery]

Hi,

Can anybody help/advise? We have just opened our 2nd premises which has business use class A1. We prep food for our buffet services i.e. private orders for catering, which is all cold platters of sandwiches and similar items which is delivered to customers. This makes up the highest percentage of the shops business. Please note we have no ovens or cooking facilities on the premises.

As well as this we offer at the front of the shop sandwiches/paninis/salad bar/drinks/crisps/chocolate to the public. We also sell jacket potatoes but these are not cooked on site, they are on display in a warmer ready to sell. We have some chrome stools (8) and high tables for people to sit/stand at should they wish to wait/eat their order. We also have 2 tables with seats (4)

My issue: I have just received a letter from our council saying that we are operating outside of A1 as we are providing seating and that we must cease doing this or apply for A3. To my knowledge I believe we not operating in the manner of an A3 premises (my other shop is an A3).

Even more frustrating there is a Costa Coffee in the same parade of shops which is operating with an A1 license (based on my searching of our councils planning portal and reviewing the associated planning docs for the Costa which opened last year).

Finally A3 is an unlikely option as whilst checking the planning portal, another shop was declined A3 use in this parade last year as it refererences some legislation which states at least 60% of outlets in our area must be A1 and this parade is on the limit. To change any more would tip the balance to non A1

Any advice/feedback from a legal perspective would be greatly appreciated. I will probably locate a local Commercial Solicitor as I am not happy with the tone or wording of the letter.

Thanks in advance.

Steve :|

[jules12345]

Hi,

Can anybody help/advise? We have just opened our 2nd premises which has business use class A1. We prep food for our buffet services i.e. private orders for catering, which is all cold platters of sandwiches and similar items which is delivered to customers. This makes up the highest percentage of the shops business. Please note we have no ovens or cooking facilities on the premises.

As well as this we offer at the front of the shop sandwiches/paninis/salad bar/drinks/crisps/chocolate to the public. We also sell jacket potatoes but these are not cooked on site, they are on display in a warmer ready to sell. We have some chrome stools (8) and high tables for people to sit/stand at should they wish to wait/eat their order. We also have 2 tables with seats (4)

My issue: I have just received a letter from our council saying that we are operating outside of A1 as we are providing seating and that we must cease doing this or apply for A3. To my knowledge I believe we not operating in the manner of an A3 premises (my other shop is an A3).

Even more frustrating there is a Costa Coffee in the same parade of shops which is operating with an A1 license (based on my searching of our councils planning portal and reviewing the associated planning docs for the Costa which opened last year).

Finally A3 is an unlikely option as whilst checking the planning portal, another shop was declined A3 use in this parade last year as it refererences some legislation which states at least 60% of outlets in our area must be A1 and this parade is on the limit. To change any more would tip the balance to non A1

Any advice/feedback from a legal perspective would be greatly appreciated. I will probably locate a local Commercial Solicitor as I am not happy with the tone or wording of the letter.

Thanks in advance.

Steve :|

Food on or off the premises - hot food off the premises etc A3. Definately.


Class A3. Food and drink
Use for the sale of food or drink for consumption on the premises or of hot food for consumption off the premises.

[the eatery]

Thanks for the reply but where did you get that extract from in your response re: A3, do you have one for A1 as well?

Also how does that definition stand when costas are a few doors along using A1 for just that purpose?

Thanks

[Richie N]

You need an A3 licence.
Interesting name, where are you based? As my company is also called The Eatery.

[kulture]

Thanks for the reply but where did you get that extract from in your response re: A3, do you have one for A1 as well?

Also how does that definition stand when costas are a few doors along using A1 for just that purpose?

Thanks

How do you know they have not had the same letter? Anyway, the "you should let me do it because you let the big boy do it" is a schoolboy defence.

[jules12345]

Class A1. Shops
Use for all or any of the following purposes—
(a) for the retail sale of goods other than hot food,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other cold food for consumption off the premises,

(e) for hairdressing,

(f) for the direction of funerals,

(g) for the display of goods for sale,

(h) for the hiring out of domestic or personal goods or articles,

(i) for the reception of goods to be washed, cleaned or repaired,
where the sale, display or service is to visiting members of the public.

source http://www.startinbusiness.co.uk/info_advice/regulations/uk/property/planning_use_classes_order1987.htm